If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
Source: L. 2008: Entire article R&RE, p. 102, § 1, effective August 5.
Source: This section is the same substantively as section 6 of the 1962 Act, except that it adds as an additional measure for the duration of the stay "the time for appeal expires."
1. Under Section 3 of this Act, a foreign-country judgment is not within the scope of this Act unless it is conclusive and enforceable where rendered. Thus, if the effect of appeal under the law of the foreign country in which the judgment was rendered is to prevent it from being conclusive or enforceable between the parties, the existence of a pending appeal in the foreign country would prevent the application of this Act. Section 8 addresses a different situation. It deals with the situation in which either (1) the party seeking a stay has demonstrated that it intends to file an appeal in the foreign country, although the appeal has not yet been filed or (2) an appeal has been filed in the foreign country, but under the law of the foreign country filing of an appeal does not affect the conclusiveness or enforceability of the judgment. Section 8 allows the forum court in those situations to determine in its discretion that a stay of proceedings is appropriate.
Structure Colorado Code
Title 13 - Courts and Court Procedure
Article 62 - Uniform Foreign-Country Money Judgments Recognition Act
§ 13-62-104. Standards for Recognition of Foreign-Country Judgment
§ 13-62-105. Personal Jurisdiction
§ 13-62-106. Procedure for Recognition of Foreign-Country Judgment
§ 13-62-107. Effect of Recognition of Foreign-Country Judgment
§ 13-62-108. Stay of Proceedings Pending Appeal of Foreign-Country Judgment
§ 13-62-109. Statute of Limitations